Application for temporary bail based on the medical condition of the applicant's father was rejected. The Court found no evidence that the father's pacemaker surgery, performed in 2017, required urgent medical attention necessitating bail.
Temporary bail to the applicant was denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPA.372-2018.doc
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 372 OF 2018 IN CRIMINAL APPEAL NO. 128 OF 2013
Maqbul Nazir Hawaldar ..Applicant Vs The State of Maharashtra ..Respondent -----
Mr. Nitin Sejpal a/w Mr. Vaibhav S. Kulkarni for the Applicant. Ms. P.P. Shinde, APP for the State.
CORAM : A.S. OKA & A.S.GADKARI, J.J.
DATE : 14th February 2019.
P.C.:
1] Heard the learned counsel for the applicant. Perused the prayer in this application.
2] The prayer is for temporary bail to the applicant considering the health condition of his father.
3] The learned APP has tendered a report dated 11th February 2019 signed by the Inspector of Police, Mahad City Police Station along with a copy of the statement of the father of the applicant recorded by the police which notes that on 29th December 2017, he had undergone a
1/2
APPA.372-2018.doc
surgery for fixing pacemaker .
4] Our attention is invited to the Exhibit-A which is which is a letter dated 19th November 2017 on the letterhead of Aditya Nursing Home. A letter is signed by Dr.Aditya M. Mahamankar on the letterhead of Aditya Nursing Home produced before this Court records that the applicant's father has not undergone any treatment in Aditya Nursing Home. The aforesaid report along with its annexures is taken on record and marked “R1” for identification.
5] Considering the fact that the pacemaker is fixed to the father of the applicant in the year 2017, no case is made out for grant of temporary bail on the medical ground of his father.
6] The Criminal Application is rejected.
(A.S.GADKARI, J.) (A.S. OKA, J.)
2/2
1 issue framed by the court
Whether temporary bail should be granted to the applicant on humanitarian grounds considering the medical condition of his father.
Maqbul Nazir Hawaldar
The State of Maharashtra
A.S. OKA
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
